§ 1-13. General penalty.

(a)

Whenever in this Code or in any ordinance of the county any act is prohibited or is made or declared to be unlawful or an offense, or whenever in such Code or ordinance the doing of an act is required or the failure to do an act is declared to be unlawful, where no specific penalty is provided, the violation of any such provision of this Code or any ordinance shall be punished by a fine not exceeding $1,000.00 or 60 days' imprisonment, or both, except as otherwise provided by general law. The fines imposed may be collected by execution. Each day any violation continues shall be a separate offense.

(b)

In every case in which any court in this county shall impose a fine, which shall be construed to include costs, for any offense against a criminal or traffic law of this state or any offense against this Code or a county ordinance, there shall be imposed as an additional penalty a sum equal to ten percent of the original fine.

(c)

At the time of posting bail or bond in any case involving a violation of a criminal or traffic law of this state or a violation of this Code or any ordinance, an additional sum equal to ten percent of the original amount of bail or bond shall be posted. In every case in which any court in this county shall order the forfeiture of bail or bond, the additional sum equal to ten percent of the original bail or bond shall be collected.

(d)

The additional penalties set forth above shall be in addition to that amount required by O.C.G.A. § 47-17-6 to be paid into the peace officers' annuity and benefit fund, by O.C.G.A. § 47-11-51 to be paid into the judges of the Probate Courts Retirement Fund of Georgia, or by any other provision of law.

(e)

The additional penalties as prescribed in this section shall be assessed and collected by the clerk of court or officer charged with the duty of collecting moneys arising from fines and forfeited bonds. Such additional penalties shall be paid over to the board of commissioners by the tenth day of the month following the month in which these sums are collected.

(f)

All such sums collected and paid over to the board of commissioners shall be deposited into a special account, which shall be known as the "county jail fund."

(g)

All moneys collected pursuant to this section and placed in the county jail fund shall be expended solely and exclusively for constructing, operating, and staffing of county correctional facilities, or for such other purposes as specified in O.C.G.A. § 15-21-95.

(h)

That the additional penalties provided for by this section shall not be imposed or collected in any court operated by any municipality located in the county.

(Res. of 1-23-1990)

State law reference

Magistrate courts, O.C.G.A. § 15-10-1 et seq.; violation of county ordinances, O.C.G.A. § 15-10-60 et seq.; imposition of additional penalty for certain drug offenses, O.C.G.A. § 15-21-100; imposition of additional penalty for offense of driving under the influence of alcohol or drugs, O.C.G.A. § 15-21-112; additional penalty to be imposed in criminal and traffic cases to provide training to law enforcement officers and prosecuting officials, O.C.G.A. § 15-21-73; additional penalty assessments for jail construction and staffing, O.C.G.A. § 15-21-93; alternative punishments for violations involving a traffic offense, O.C.G.A. § 17-10-3(e); punishment for misdemeanors generally, O.C.G.A. § 17-10-3; display of drivers license for violations of laws pertaining to traffic and motor vehicles, O.C.G.A. § 17-6-11; maximum punishments which may be imposed for violations of county ordinances, O.C.G.A. § 36-1-20(b); county responsibility for sentencing and maintenance of inmates, O.C.G.A. § 42-5-51(a); payments to peace officers annuity and benefit fund from revenues collected from fines and fees, O.C.G.A. § 47-17-60 et seq.